North Carolina Goes Drug War on Prostitution

“As with so many overly punitive or privacy-invading schemes surrounding sex work, policies like the one taking effect in North Carolina have been sold under the guise of stopping human trafficking—despite targeting anyone involved in paid sexual exchange, even when it’s between consenting adults.

Cops, politicians, and antiprostitution activists argue that by targeting anyone who would pay for sex, they’re going to “end demand” for all prostitution—thereby also thwarting forced, coerced, and underage prostitution, aka human trafficking or sex trafficking.

This is absurd, of course. We can’t eradicate the human sex drive, nor can we ensure that everyone can fulfill it without money changing hands. The state is not going to “end demand” for sex, no matter how hard it tries.

Besides, we know from other types of prohibition that increasingly punitive laws don’t have the major deterrent effect that proponents suggest. A certain sort of person will be deterred by something being criminalized at all, but many people willing to risk arrest and punishment aren’t likely to be deterred by the fact that they could potentially receive a longer sentence.

What is likely to happen with increased criminalization of prostitution customers is that customers will actually gain more power and more of an upper hand in sex work negotiations. After all, they’re the ones incurring more risk (at least in North Carolina and Texas; Oklahoma seems to have ramped up penalties on everyone involved). Undoubtedly, this will make customers less likely to submit to screening methods and perhaps less likely to act in other ways that are beneficial to sex workers.

In the end, sex workers will be the real victims of this policy change.

The vast majority of customers will never be caught and never face increased punishment. But the threat exists for everyone, and the ramifications of this increased threat will reverberate throughout the sex work scene in North Carolina, with potential consequences for anyone involved in selling sex.”

“Ramping up penalties for prostitution customers illustrates one of the many ways in which authorities are repeating the mistakes of the war on drugs in their war on sex trafficking.

As the drug war ramped up, we saw ever-escalating penalties: more prison time, more severe charges, more conditions on those convicted, etc.

As the drug war ramped up, we saw a shift from law enforcement focus on major drug suppliers to anyone selling drugs to anyone buying drugs.

The drug war shift to targeting drug buyers was even sold as an “end demand” strategy, with advocates arguing that we could stamp out drug trafficking (the supply side) by going harder after drug users (the demand side).”

“Yes, we massively ramped up drug arrests, prosecutions, and convictions. We filled our jails and prisons beyond capacity with people found guilty of drug crimes. We devastated many lower-income communities by putting so many people from them behind bars while simultaneously creating incentives for gang activity to thrive. We threw boatloads of money at enforcement, and enabled all sorts of crazy police-state schemes in service of this. We militarized police and poked a million holes in civil liberties.

We did not, however, end demand for drugs. We did not stamp out drug addiction and drug-related gang activity. We most emphatically did not win the drug war.

And we will not end demand for sex, nor stamp out sexual exploitation and sex-related crime, by repeating all of the drug war’s mistakes. But states like North Carolina seem intent on trying. “

https://reason.com/2024/12/04/north-carolina-goes-drug-war-on-prostitution

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